LAWS(ALL)-2002-2-94

JAI PRAKASH KASANA Vs. STATE OF U P

Decided On February 27, 2002
JAI PRAKASH KASANA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Following two prayers have been made in the writ petition :

(2.) Issue a writ, order or direction in the nature of mandamus declaring the land acquisition proceedings with regard to land in question as has been lapsed under Section 11A of the Act and return the land to the petitioners."

(3.) Learned counsel for the petitioners has submitted that the compensation amount has not been correctly determined and the petitioners are entitled to some higher amount of compensation. He has further submitted that Interest has not been awarded to the petitioners with effect from the date of their dispossession. In our opinion, the grievance made by the petitioners cannot be adjudicated in a writ petition under Article 226 of the Constitution of India. The Land Acquisition Act is a complete Code which provides a remedy to a person interested to claim compensation. If the petitioners were dissatisfied with the award, they should have moved an application before the Special Land Acquisition Officer under Section 18 of the Act asking for a reference being made to Court. The compensation awarded to them by the Special Land Acquisition Officer cannot be enhanced In a writ under Article 226 of the Constitution.